< Previous20 PERSPECTIVESVOLUME 48, NUMBER 3 FALL 2024 Early anecdotal evidence seems to demonstrate a lower rearrest rate for those in participating in the program (Davis, 2020). However, further evaluation and research is needed to uncover the potential impact of the program in this area. The effort began to take on the air of the paradigmatic Hero’s Journey (Voytilla, 2003). The participatory photography program started up slowly, corresponding to the Journey’s stage of “refusal of the call.” The photography instructor then began to teach the students, corresponding to the Journey’s “aid from a mentor” stage. The participants accepted a mission to undo negative stereotypes, corresponding to the Journey’s stage of “the challenge.” Those students on probation were kept on the path by neighbors who were also taking the course, corresponding to the Journey’s stage of “help from allies.” Finally, the photographers were able to deliver brand-new imagery to the world to help reset probation’s public image, corresponding to the Journey’s stage of “the return.” Instead of a mug shot, the visual narrative of probation could be a bald gentleman comfortably settling down in a barber’s chair for a shave. A mother proudly celebrating a child’s birthday. A row of smiling probation officers offering assistance. As the article by The Philadelphia Inquirer (Melamed, 2020) and coverage by various media outlets of the gallery exhibits, film, and book delivered by this initiative exemplify, the media narrative about probation began to change (see the Whole New Way website, n.d.). Critical of neither those immersed in it nor of the sanction itself, a new focus celebrated those who not only made probation work for them but who in turn worked while on probation to reform probation by creating a new public narrative. As noted earlier, NYCDOP and the nonprofit it worked with believe that such portrayals can do even more than just encourage change within punitive probation jurisdictions themselves; they can also promote an attitudinal shift among the population at large, especially when coupled with the gallery exhibits, film, and books that themselves seem to have a similar impact. And there’s more. Keep in mind that landmark legislation such as the Civil Rights Act of 1964 and the Clean Air Act of 1970 did not appear out of the blue. The way was prepared by evolving public sentiment. Similarly, a new public view of probation might help clear a path to legislative reforms. At the end of 2021, Seeing for Ourselves departed from the probation agency, with its programming now permanently institutionalized under the direction of the nonprofit’s erstwhile photography instructor, now an NYCDOP official herself. For more information and to view the culmination of this work, see In a Whole New Way, a documentary that aired on PBS (Fisher, 2021). A workshop on the film was held at the APPA 47th Annual Training Institute in Chicago in 2022, which was co- hosted by the NYCDOP commissioner along with Seeing for Ourselves and was received enthusiastically by audiences. A plenary screening of the work at the APPA 48th Annual Training Institute in NYC in 2023 was co- hosted by NYCDOP’s new leadership team along with the nonprofit and a key program participant. The reception here was also strongly positive. I have two words: “inspirational”—both your personal testimony and the film. They are inspirational. There’s no other way to put it. … The other word I could use 21 \AMERICAN PROBATION AND PAROLE ASSOCIATION FALL 2024 here is just “profound”—the kind of transformation you’ve documented here that happened in the New York City probation department, and you’ve created an incredible program….I just think that we all, as professionals in the field and really wanting to make a difference, should take this lesson to heart. You work in a bureaucracy, and there are a thousand rules and restrictions: “You can’t do that. You can’t do this. There’s no hope.” All this kind of nonsense that we hear on a routine basis. This is an antidote to that. And I want to thank you from the bottom of my heart for everything you’ve done. That is a powerful statement about making a difference and the role of attitude. Before closing, it’s worth mentioning that the Seeing for Ourselves- NYCDOP collaboration--and the media climate that gave rise to this project--are not unique to this country (Fitzgibbon, 2017). Indeed, in a manifestation of synchronicity, a participatory photography program to address the poor public view of probation in the European Community started up there in 2014, only four years before the Seeing for Ourselves effort got underway (COST ACTION, 2016). CONCLUSION The involvement of the Seeing for Ourselves program with probation underscores how the voices of those directly impacted by probation—or, in this case, their imagery— can provide a much-needed counterweight to media portrayals of the practice and those it serves. Such a counterweight is crucial, as probation in the large number of still-punitive jurisdictions seems designed to fail, fueled by widespread negative perceptions. It will be a struggle to ensure that the media cover more than a token number of the people who succeed and that such individuals have an opportunity to present how they view their experience. Headlines such as those that opened this article or stories told from a victimology viewpoint will not be going away (Arvidson, 2024). How might a probation department go about addressing this situation and breaking through the wall of negative media coverage? Pushing back against current practices and attempting to publicize success stories is no easy task but is worthwhile. One illustration of the uphill struggle ahead is what happened with the documentary The First Step, which focused on the successful efforts of FALL 2024 22 PERSPECTIVESVOLUME 48, NUMBER 3 Van Jones to secure criminal justice reform at the highest level. According to the director, Netflix did not pick up the film because it told too positive a story; the streaming platform would not know how to market it (Kramer, 2021). A second idea is to ask NYCDOP for assistance in establishing a local version of NeON:Photography. When such interest was voiced on behalf of the American Civil Liberties Union-Delaware, NYCDOP expressed willingness to provide such help. If circumstances prevent that course of action, a third option may be to determine whether probationers in the area the local department serves can enlist in the current NeON:Photography course. The program has been conducted virtually since the pandemic, so adding students from other jurisdictions may not unduly burden NYCDOP. Several NYC nonprofits have already expressed such interest. The stage would then be set for gallery exhibits and other forms of promotion in the local area. A fourth way to make progress is to help promote what the New Yorkers in the program have already achieved. The way a nonprofit agency teamed up with a probation department and produced this valuable collaboration is a story that deserves attention. Consider the impact on individuals and the community— the way attaining mastery of a camera and learning how to express oneself on film has played out over and over again, the proverbial “thousand words” represented by each photo resulting from the project, and the widespread capturing and sharing of memories and differing perspectives on film deserves recognition. In conclusion, progress has been made, but further research is needed to uncover the full impact of applying participatory photography practice to those on probation. Efforts will continue in that regard. Moreover, keeping up and keeping on with the progress already made is crucial. As stated earlier, the process of helping to undo mass incarceration by changing the media narrative about probation is a marathon, not a sprint. At the end of the road, the justice system will hopefully be in a new place. REFERENCES American Probation and Parole Association (2023). Plenary session: In a whole new way. https://vimeo. com/902378712/dae1a94fe2?share=copy Arvidson, Joseph. (2024). EP 202…Jackie Dunn and J onathan Fisher…Empoweringjusticenarratives.The Criminologistpodcast.https://podcasts.apple.com/ us/podcast/ep-202-jackie-dunn-and-jonathan-fisher- empowering/id1499579687?i=1000650938865 TheAssociated Press.(2020).Florida mangetsprobation fortaping dog’smouthshut.WFLANewsChannel 8. https://www.wfla.com/news/florida/florida-man-gets- probation-for-taping-dogs-mouth-shut Bermudez,Ana.(2015).Letterofsupportto Seeing for Ourselves.NewYorkCityDepartmentofProbation. Carrano, G., Davis, C., & Fisher, J. (Eds.). (2015). Project lives:NewYorkpublichousingresidentsphotographtheir world. powerHouse. Carrano,G.,&Fisher,J.(Eds.).(2023).In a wholenew way:undoing massincarceration bya path untraveled. Prospecta Press Cooper,N.(2015).Woman who head-buttedWalmart employee receivesprobation.Click2Houston.https://www. click2houston.com/news/2015/08/12/woman-who-head- butted-walmart-employee-receives-probation COSTACTION IS1106.(2016).Offendersupervision in Europe:seen andheard. Davis,Chelsea (2020).Telephone conversation with Jonathan Fisher. Fisher,J.(Director).(2021).In a whole new way[Film]. Seeing forOurselves. Fitzgibbon,W.(2017).Probation,risk,and the powerofmedia.WestminsterResearch.https:// westminsterresearch.westminster.ac.uk/item/v9vw0/ probation-risk-and-the-power-of-the-media Gordon,D.(2024).SafestcitiesinAmerica2024:Violent crime rateincreasesdrive percapita costsofcrime. MoneyGeek.https://www.moneygeek.com/living/safest- cities/#safest-and-most-dangerous-cities Harding,D.J.,Western,B.,&Sandelson,J.A.(2022). Fromsupervision to opportunity:Reimaginingprobation and parole.TheANNALSoftheAmericanAcademyof Political and Social Science,701(1),8-25.In a whole FALL 2024 new way. [Website]. Seeing for ourselves. https://www. inawholenewway.com K ramer, B. (2021).Talk at the United NationsAssociation Film Festival. Not recorded. Lageson, S. E. (2016). Found out and opting out: The consequences of online criminal records for families.Annals of theAmerican Academy of Politicaland Social Science, 665(1), 127–141. Lancaster, R. (2017). Prison reform and problems with the abolition movement. Left Business Observer radio show. Melamed, S. (2020). What if the probation office was a place of joy instead of fear? NewYork City shows how. The Philadelphia Inquirer. https://www.inquirer.com/ crime/probation-nyc-new-york-neons-philadelphia- solutions-mass-incarceration-vincent- schiraldi-20200110.html New York City Department of Probation. (n.d.). History of Probation. https://www.nyc.gov/site/probation/about/ history-of-probation.page Pew Charitable Trusts. (2019). To safely cut incarceration, states rethink responses to supervision violations. https:// www.pewtrusts.org/en/research-and-analysis/issue- briefs/2019/07/to-safely-cut-incarceration-states-rethink- responses-to-supervision-violations Schiraldi, V. (2023). Mass supervision: probation, parole, and the illusion of safety and freedom. New Press. WISN (2015). 13-year-old on probation accused of stealing caseworker’s car. https://www.wisn.com/ article/13-year-old-on-probation-accused-of-stealing- caseworker-s-car/6327744 Voytilla, S. (2003.) Excerpts from Myths and Movies: The Stages of the Hero’s Journey. https://www.tlu.ee/~rajaleid/ montaazh/Hero%27s%20Journey%20Arch.pdfSOLVING THE ACCESS GAP IN DRUG TESTING: A CRITICAL SUPPLEMENT OF REMOTE DRUG TESTING EVERY PROGRAM NEEDS by West Huddleston and Stephen K. Talpins D rug testing is a core principle of the American justice system. From diversion, pretrial, probation, and parole, to treatment courts and juvenile justice, justice- involved individuals are regularly tested for drug use (American Probation and Parole Association, 2024; Administrative Office of the U.S. Courts, 2020; National Association of Drug Court Professionals, 2013; National Association of Drug Court Professionals,1997). Drug testing is also regularly utilized to inform family court and child welfare agencies, employers, law enforcement, transportation officials, and behavioral health providers. Despite a variety of specimen collection methods, urine drug testing remains the specimen of choice. With its longstanding history, urine is accepted as the “gold standard” for drug testing (Cary, 2017). Practice standards across most disciplines recommend human-observed urine drug testing, performed onsite. Urine screening is utilized for its low cost and detection of historical drug use, detecting most substances within one to three days of use and up to seven days for some drugs of abuse. For cannabis, the detection time in urine can extend as far out as thirty days for heavy users (Hadland and Levy, 2016). THE ACCESS GAP Though the gold standard, onsite observed urine drug screening has some glaring limitations. Specifically, observed urine collection is associated with a gap in access for certain justice-involved individuals. This Access Gap occurs when individuals are legitimately unable to report to an onsite testing site due to transportation limitations or employment and family responsibilities. Not only are agencies left with missed tests and loss of progress tracking among individuals under their care and/ or supervision, but these individuals typically are punished for their “noncompliance.” The Access Gap also occurs among transgender or non-binary individuals, where an observed urinalysis is difficult and uncomfortable, and same-sex observers are challenging for agencies to provide. While additional methods attempt to bridge the Access Gap, they do so ineffectively. For example, hair testing does not require a human-observed sample collection process, however, it shows too great of a detection window at 90-days; making it impossible to pinpoint use or respond to use with celerity. Celerity, otherwise known as swiftness, of a response, both behavioral and therapeutic adjustments, is a key principle in operant conditioning. According to behavioral research, the effects of any response (e.g., sanctions and rewards) begin to decline within hours or days after the target behavior. The sweat patch can be worn for seven to 10 days, possibly 14. However, in the event of a positive result, it is not possible to know if use occurred until after the patch is removed and tested, impeding celerity and hindering timely intervention. Without rapid detection, monitoring loses its effectiveness and delayed detection and response can be deadly, given the current heroin and fentanyl overdose epidemic. “There is no perfect drug-testing specimen—each has advantages and disadvantages, and each provides a somewhat different picture of a client’s drug use history.” NDCI Judicial Benchbook.Exceeding Standards with Reliability and Accuracy LifeSafer partners with monitoring authorities nationwide to provide supervision to those requiring an ignition interlock device. Learn more about the benefits of LifeSafer’s comprehensive alcohol testing and reporting solutions: •Expansive network of top-rated, certified installers across the country •Only IID provider with a “No-Call Install” 5-minute online enrollment •Local account manager for ongoing support and education •Dedicated collateral to walk your clients through the process • Caseload assistance for scheduling in-person training, notifications, and alerts •Access to an industry leading monitoring and analytics dashboard -BrAC data log interpretation -Camera photos and real time reporting lifesafer.com Contact us to get started with LifeSafer today! 800-816-705727 AMERICAN PROBATION AND PAROLE ASSOCIATION FALL 2024 TRAUMA Trauma, often stemming from adverse childhood experiences, abuse or violence, is nearly universal among the justice-involved population (Madera, 2017). Trauma, has lasting adverse effects (SAMHSA, 2014), and disproportionately affects individuals with substance use and/or mental health disorders. Simply put, trauma is a key driver of criminal behavior. Failing to address underlying trauma may perpetuate cycles of crime and self-harm, as individuals remain stuck in maladaptive coping strategies. Given this context, it is essential to recognize that many individuals under community supervision may still be embedded in harmful environments and relationships and/or suffering from past traumatic events. As a result, individuals under supervision may become easily “triggered” by sensory stimuli, such as specific smells, sounds, or physical sensations, which evoke memories of prior abuse. Triggers for re-traumatization can include invasive procedures, such as observed urine drug testing, as well as changes in environment, verbal abuse, and shaming. These experiences can exacerbate existing trauma and lead to self-protective behaviors, such as emotional outbursts, treatment withdrawal, or absconding (SAMHSA, 2013). This highlights the critical importance of addressing the enduring impact of trauma in every way possible within community supervision settings. THE NEED FOR PRACTICAL TRAUMA- INFORMED DRUG TESTING Human observed urine drug testing is oftentimes perceived as demeaning, triggering and re-traumatizing, hindering recovery from Substance Use Disorder, Post Traumatic Stress Disorder (PTSD), and associated anxiety and depression (Breitenbucher et. al., 2023; Huddleston et. al., 2024). Given this and the shift in community corrections toward a more empathetic and supportive framework, there is a clear need for trauma-informed drug testing. By implementing trauma-informed drug testing protocols and methodologies, agencies can mitigate the risks of trigging and re- traumatization, ultimately leading to more equitable and effective outcomes for both individuals and their families (Estefan et al., 2012; Furman, 2016). Implementing trauma- informed drug testing can also enhance client engagement and reduce dropout rates, directly addressing issues of administration and equity by ensuring that drug screening practices do not disproportionately impact or penalize marginalized communities, fostering a more just and balanced approach to drug testing. CLOSING THE ACCESS GAP AND USING TRAUMA-RESPONSIVE TESTING Enter remote oral fluid drug screening. In the spring of 2020, amid the COVID-19 Pandemic, remote testing capabilities grew in demand as remote Covid testing and remote drug testing became essential. Remote oral fluid drug testing quickly gained acceptance in pre-employment and drug-free workplace testing and, most recently fueled by the U.S. Department of Transportation when it added Oral Fluid Drug Testing (OFDT) as an approved methodology (U.S. Department of Transportation, 2023). Currently, onsite oral fluid testing accounts for 30% of workplace testing and is regularly used by law enforcement during road-side testing to assess if a driver may be driving under the influence of drugs. Oral fluid testing has advanced considerably in the past five years and is one of the fastest-growing testing methods for good reason. Unlike urine, hair and sweat, oral fluid can detect drug use within minutes of use, making it one of the best ways to determine if someone is using drugs of abuse in the present moment. Utilizing a screen with immediate results also provides celerity and transparency, speeding up the window for early intervention. Currently, there are two ways to deliver remote oral fluid drug testing among justice-involved individuals. First, there are easy-to-use software applications (app), allowing remote collection to be video-recorded so that the test and results can be human-reviewed, or proctored. The second method to deliver remote oral fluid drug testing is by way of a live video platform (i.e., app, Zoom, etc.). In this scenario, the individual being tested performs the oral fluid test while online with a live observer, such as a case manager, case worker, or probation/parole officer. Both options eliminate the Assess Gap and retraumatizing potential associated with human-observed urine collection. Wrapped in good technology, an oral fluid drug test can be performed “While oral fluid testing has a slightly shorter window of detection than urine, it demonstrates a higher positivity rate for almost all drugs and more than twice the positivity rate for marijuana.” Dr. Suhash Harwani, Sr. Director of Science, Quest Diagnostics.28 PERSPECTIVESVOLUME 48, NUMBER 3 FALL 2024 privately, anytime, anywhere with results shared quickly to the supervising agency. There are significant advantages to adding a remote, video- recorded and human-reviewed or live-video-observed oral fluid testing methodology to any drug testing program: Increases certainty: With a reasonably high sensitivity for most drugs and an early detection time, oral fluid can be used to effectively identify current drug use. Increased certainty is a powerful behavioral influence. Increases celerity: Celerity requires both speed of detection and speed of reporting. Remote OF results are verified and reported within 30 minutes, providing unmatched celerity for a remote option. Increased celerity significantly improves outcomes. Trauma-responsive: Provides individuals who have a trauma-history much needed safety, privacy and dignity; keeping them calm and in control of their experience, and removing an unnecessary barrier to testing. Culturally sensitive: Supports transgender or non- binary individuals who need an alternative to observed, onsite testing. Strengthens recovery capital: Enables individuals who are gainfully employed to avoid missing work, losing hourly wages, and potentially putting their job at risk. This is especially beneficial for long-haul truck drivers, oil-field workers, and other individuals who travel out of town for work. Supports family responsibilities: Provides individuals who are caretakers of children, grand-children, or ill/ ailing family members an alternative to traveling, oftentimes by public transportation, to a testing site. Supports rural populations: Affords individuals who live in rural areas a time- and money-saving solution to traveling long distances to a testing site. Extends opioid detection: Extends drug use detection at night and on weekends when most collection sites are closed. This enables individuals who have a fentanyl or other opioid history to be more closely monitored for use and potential overdose. Offers positive reinforcement: Provides a meaningful step-down option to onsite drug testing for individuals who have established sobriety and/or are in later stages/phases of supervision. Emergency use: Can be used as a backup method for individuals who are being urine tested if an emergency arises. For an agency, the benefits of a remote drug testing option are immense: Meets the standard of care (“do no harm”) and best practices by providing a safe and dignified drug testing solution for clients with a trauma history. Provides greater transparency and celerity to professionals about client’s recovery or drug use. Reduces “missed tests” by increasing access to the agency’s drug testing program. Allows for convenient and effective testing for clients who travel for work, are on pass, or on weekends. Increases visibility and ability to intervene with clients that use opiates/fentanyl after collection-site hours (e.g. nights, weekends, holidays). BACKGROUND Consistent with State Attorney Katherine Fernandez Rundle’s commitment to innovation and positive change, she and her team asked to pilot remote oral fluid testing in Miami-Dade County’s Drug Courts. Between April and June, 2024, the State Attorney’s Office partnered with Judges Verde and Cannava, the Administrative Office of the Courts, the Public Defender’s Office, and the multi-disciplinary collaborative teams of the Adult Drug Court and the Misdemeanor Domestic Violence Court and conducted a 10-week pilot of rapid oral fluid as a supplement to their robust urine drug testing program. CASE STUDY: MIAMI-DADE COUNTY, FLORIDA29 AMERICAN PROBATION AND PAROLE ASSOCIATION FALL 2024 The intent of the pilot was to: Test the feasibility of rapid and remote oral fluid as a possible supplement to urine collection for participants who have access obstacles to on-site drug testing (e.g., live outside the county, rely on public transportation, have employers who prevent or discourage them from leaving their work sites during normal working hours, travel for work, are on out-of-state pass, or otherwise cannot access a testing site easily); Test the feasibility of rapid and remote oral fluid as a possible solution for participants who have sexual and/or physical abuse histories; Perform a side-by-side comparison of onsite urine and oral fluid testing to assess their relative advantages; and Assess the ease of use of an app-based remote oral fluid technology among a diverse sample of participants. PILOTPRODUCTS Clearlee is a mobile application that uses facial recognition and AI-guided prompts during a video- recorded process to guide a participant though a private, remote, oral fluid collection process. Instructions (text and voice-over) are provided during the recorded test session in the Clearlee app for ease during the oral fluid specimen collection and to ensure test results are securely and accurately captured. Both an English and Spanish version of the Clearlee app was utilized among participants. Clearlee uses Saliva Confirm, a 14-panel oral fluid device, manufactured by Clinical Reference Laboratories. When the in-app test is completed, the recorded test session is uploaded to the Clearlee review portal for human review, verifying chain of custody and reliable test results. Results are available immediately when performed onsite and in minutes if performed remotely, ensuring celerity and supporting early intervention if reuse occurs. THE MIAMI EXPERIENCE ADULT DRUG COURT During the Adult Drug Court pilot, every other participant who appeared for court onsite was tested using traditional urine screening and Clearlee’s oral fluid kit. A total of 90 participants were tested. Consistent with the literature, the methods correlated fairly well. As expected, urine testing yielded slightly more positive results due to a longer window of detection and/or better sensitivity to certain types of drugs, while oral fluid was better at detecting same day use. Notably, oral fluid testing also was positive for two participants who adulterated their urine samples. In total, a similar number of individuals tested positive for the two methods, with urine testing identifying 26 positive results and oral fluid 24. More specific results are reported below: CASE STUDY: MIAMI-DADE COUNTY, FLORIDA WeekNumberNeg (excl. RX)Urine PosOF Pos 1177 (41.2%)97 21616 (100%)10 31310 (76.9%)32 4138 (61.5%)55 5115 (45.5%)45 6115 (45.5%)45 7-899 (100%)00 Total9060 (66.0%)2624Next >